Environment Protection Act 2017

The Authority must, not later than 4 months after receiving an application for a development licence that complies with section 50—

issue a development licence subject to any specified conditions that the Authority considers appropriate; or

refuse to issue a development licence.

The Authority must refer an application for a development licence to a prescribed agency for comment in the prescribed circumstances.

When determining whether or not to issue a development licence, the Authority must take into account—

any measures the applicant has taken or proposes to take in order to comply with the general environmental duty when engaging in the activity that is the subject of the application; and

the impact of the activity on human health and the environment, including the impact on any environmental values identified in any relevant environment reference standard, taking into account any other activities being or proposed to be engaged in by the applicant or any other person; and

the principles of environment protection; and

the best available techniques or technologies; and

whether the activity is otherwise consistent with this Act and the regulations; and

if the regulations require the Authority to refer the application to a prescribed agency, any comments or submissions received from that agency; and

any comments and submissions received—

in response to the notice of the application published under section 52; and

within the time specified in that notice; and

any prescribed matter.

The Authority must refuse to issue the development licence if—

the Authority considers that the activity that is the subject of an application poses an unacceptable risk of harm to human health or the environment; or

the Authority determines that the person is not a fit and proper person to hold a development licence; or

any prescribed circumstances exist.

The development licence must specify the date on which the development licence expires.

If the Authority decides to issue a development licence, the Authority must, within 5 business days of issuing the licence, take reasonable steps to notify each person who made a submission under section 52 in relation to the application for the licence of the following—

the decision to issue the licence;

that certain persons may seek review of the decision under section 434.